Circular No. 14/2012/TT-BGTVT on passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam

CIRCULAR

Article 24Regulations on passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam's internal waters.

Pursuant to the Law on Inland Waterway Transport 2004;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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Pursuant to the Maritime Code of Vietnam 2005;

The Minister of Transport issues this Circular regulating passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam's internal waters.

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the business of passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam's internal waters.

High-speed vessel

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

is a passenger-carrying vessel with a speed of 30 kilometers per hour or more.

Article 2. Applicability

Inland waterway transport route

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. includes passenger transport, luggage, and cargo routes on maritime channels and inland waterways.Relevant port authority

2. is the Inland Waterway Port Authority or the Maritime Port Authority.PASSENGER TRANSPORT, LUGGAGE, AND CARGO BY HIGH-SPEED VESSELS

3. Article 4. Transport, trial transport, passenger tickets; storage of luggage and cargo; disputes, compensation, and approval authority for passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam's internal waters.Clause 1. Transport, trial transport, passenger tickets; storage of luggage and cargo; disputes, compensation, and approval authority for passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes between ports and wharfs in Vietnam's internal waters shall be implemented according to Circular No. 20/2011/TT-BGTVT dated March 31, 2011 of the Minister of Transport on inland waterway passenger transport.

Chapter II

Clause 2. In cases where the inland waterway transport route partially overlaps or fully coincides with a maritime channel, the approval authority for passenger transport, luggage, and cargo by high-speed vessels along fixed inland waterway routes shall only approve when there is a consensus from the relevant Maritime Port Authority.

Article 5. Procedures for entering and leaving the port

Clause 1. Procedures for entering and leaving the port for high-speed vessels operating on fixed inland waterway routes shall be carried out according to Article 15 of Circular No. 25/2010/TT-BGTVT dated August 31, 2010 of the Minister of Transport on management of port and wharf activities in inland waterways.

Clause 2. The relevant port authority issuing permission for a vessel to leave the port or wharf shall monitor the journey of the high-speed vessel from that port or wharf to the final destination port or wharf of the journey; take the lead in coordinating with relevant agencies and units to handle incidents or accidents involving the high-speed vessel during its journey.

Article 6. Service quality registration

Clause 1. Content of service quality registration

Point a) For high-speed vessels: name of the vessel, number of seats, year of manufacture, place of manufacture, equipment serving passengers on board the vessel;

Point b) Transport organization plan: compliance with operational plans on the route, itinerary, traffic safety measures;

Point c) Passenger rights including: insurance, quantity of free baggage, and passenger services during the journey.

Clause 2. The transport business operator shall submit one set of service quality registration documents directly or send them via postal service along the fixed route. The documents include:

Point a) Two copies of the Service Quality Registration Form according to the model attached to this Circular;

Point b) For transport business operators who have been issued a Certificate of Service Quality Management under the ISO quality management system, they must attach a certified copy of the Service Quality Management Certificate under the ISO quality management system.

Clause 3. The Department of Transport shall receive, examine, and process the documents as follows:

Point a) In case of direct submission, if the documents are complete as required, issue a receipt for the documents and schedule the result delivery within the prescribed time limit; if the documents are incomplete, return them immediately and guide the transport business operator to complete the documents;

Point b) In case of receiving documents through the postal service, if the documents are incomplete, the Department of Transport shall notify in writing no later than one day from the date of receipt of the documents.

Clause 4. Within three working days from the date of receipt of complete documents as prescribed, the Department of Transport shall certify the Service Quality Registration Form and return one copy to the transport business operator. If certification is not granted, a written response must be provided within the time limit specified in this clause, stating the reasons.

a) In case of direct submission of the application, if the application is complete in accordance with the regulations, then issue a receipt for the application and schedule the result delivery within the prescribed time limit; if the application is incomplete, return it immediately and guide the transport business to complete the application.

b) In case of receiving the application through the postal system, if the application is incomplete, the Department of Transport shall notify in writing no later than 01 (one) day from the date of receipt of the application.

4. Within three working days from the date of receiving a complete application in accordance with the regulations, the Department of Transport shall certify on the Service Quality Registration Form and return one copy to the transport business. In case of non-certification, a written response must be provided within the time limit stipulated in this clause, stating the reasons clearly.

Article 7. Provisions on public posting

1. Posting on vessels: the hotline number of the transport business operator and the vessel boarding regulations.

2. Posting at the wharf, at ticket counters: departure time, number of trips, fare, ticket discount policies as prescribed by law and the transport business operator, itinerary (including all stopover points, stopover times), passenger services during the journey, passenger insurance, free baggage allowance, contact phone number for passenger feedback.

Article 8. Handling accidents in port waters, wharves, inland waterways

Organizations and individuals involved in handling accidents in port waters, wharves, inland waterways shall follow Article 7 of the Law on Inland Waterway Transport and Circular No. 25/2010/TT-BGTVT dated August 31, 2010 of the Minister of Transport on managing port and inland waterway wharf operations. In case a vessel encounters an incident or accident that cannot be resolved within 30 minutes, it must immediately report to the Marine Search and Rescue Coordination Center in the region to organize rescue or assistance.

Article 9. Handling accidents in maritime port waters, shipping channels

Organizations and individuals involved in handling accidents in maritime port waters, shipping channels shall follow Circular No. 17/2009/TT-BGTVT dated August 11, 2009 of the Minister of Transport on reporting and investigating maritime accidents. In case a vessel encounters an incident or accident that cannot be resolved within 30 minutes, it must immediately report to the Marine Search and Rescue Coordination Center in the region to organize rescue or assistance.

Article 10. Temporary suspension of operations for high-speed vessels

In addition to the provisions in relevant regulatory legal documents, the Port Authority shall implement the temporary suspension of operations for high-speed vessels encountering incidents or accidents affecting the technical safety of the vessel, and only allow resumption of operations upon the opinion of related inspection agencies confirming that the high-speed vessel meets the technical safety conditions for continued operation.

Article 11. Administrative penalties for violations

1. For shipping channels connecting islands and from the mainland to islands within Vietnam's internal waters, the competent authority shall impose administrative penalties for violations according to the provisions of Decree No. 48/2011/NĐ-CP dated June 21, 2011 of the Government on administrative penalties for violations in the maritime sector.

2. For other inland waterway transport routes not covered by Clause 1 of this Article, the competent authority shall impose administrative penalties for violations according to the provisions of Decree No. 60/2011/NĐ-CP dated July 21, 2011 of the Government on administrative penalties for violations in the inland waterway transport sector.

Chapter III

TECHNICAL REQUIREMENTS AND EQUIPMENT

Article 12. Technical requirements and safety equipment of high-speed vessels

In addition to the technical requirements and equipment according to National Technical Regulations (Classification and Construction Standards for High-Speed Vessels TCVN 6451:2003), high-speed vessels must also be equipped with a vehicle tracking device or similar equipment (hereinafter referred to as vehicle tracking devices) registered and announced as compliant, bearing the compliance mark according to Circular No. 08/2011/TT-BGTVT dated March 8, 2011 of the Minister of Transport on issuing national technical standards for vehicle tracking devices.

Article 13. Voyage Monitoring Equipment for High-Speed Ferries

1. Business operators must install and maintain the voyage monitoring equipment of high-speed ferries in good technical condition and keep it continuously on from the moment the first passenger is picked up at the departure port until the last passenger is dropped off at the destination port.

b) Always connected to the Internet and provide information to competent state management authorities;

a) Information: information about the route, operating speed, number of stops, duration of stops, and must be stored for a period of 01 year.

b) Always connect to the internet and provide information to competent state management agencies.

3. Installation schedule for voyage monitoring equipment: by December 31, 2012, all high-speed ferries must be equipped with voyage monitoring equipment.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 14. Responsibilities of Business Operators

In addition to complying with the provisions stipulated in Clause 2 of Article 82 of the Law on Inland Waterway Transport, business operators must also fulfill the following obligations:

1. Publicize service quality;

2. At least 10 minutes before the ferry departs from the port or wharf, crew members or seafarers have the responsibility to guide and provide information about the ship's regulations (applicable to passengers), the location and method of using life-saving and fire-fighting equipment;

3. Notify the relevant Provincial Department of Transport, announce at the ports and wharfs where passengers are picked up and dropped off at least 03 days prior to any changes in the timetable or schedule of the ferry; notify at least 12 hours prior to any changes in departure time;

4. Manage and store mandatory information, provide complete mandatory information to the relevant Provincial Departments of Transport, Vietnam Maritime Administration, Vietnam Inland Waterways Administration, and related Port Authorities when requested;

5. At least 10 minutes before the ferry arrives at the port or wharf for picking up and dropping off passengers, crew members on board the ferry (or use guidance images through the onboard screen system) provide information about the port, wharf, time of stay, and other necessary information;

6. Must pay training costs for rescue and salvage operations; pay the full amount of salvage fees to organizations and individuals involved in rescue operations;

7. Coordinate with the Marine Search and Rescue Center to train rescue and salvage operations every two years;

8. Participate in drills and fully implement the coordinated search and rescue plans deployed by the Marine Search and Rescue Center every two years.

Article 15. Responsibilities of the Department of Transport

In addition to the responsibilities prescribed in relevant legal documents, the Provincial Department of Transport shall take the lead and coordinate with relevant agencies and units to negotiate departure times.

Article 16. Responsibilities of the Vietnam Motor Vehicle Testing Agency

In addition to the responsibilities prescribed in relevant legal documents, the Vietnam Ship Registry must perform the following:

1. Guide subordinate District Inspection Bureaus, Branches under the Vietnam Ship Registry, and inspection units under the Provincial Departments of Transport to respond in writing to the results of irregular inspections upon receiving requests from competent state authorities;

2. Regularly or urgently report to the Ministry of Transport issues related to high-speed passenger ferries within their assigned responsibilities;

3. Regularly or urgently inspect the technical safety, security, and environmental protection conditions of high-speed passenger ferries and handle them according to their authority when necessary.

Article 17. Responsibilities of the Marine Search and Rescue Coordination Center.

In addition to the responsibilities prescribed in relevant legal documents, the Marine Search and Rescue Coordination Center must perform the following:

1. Organize joint search and rescue drills.

2. Organize professional training on search and rescue for related organizations and individuals.

Chapter V

IMPLEMENTATION

Article 18. Effective Date

1. This Circular takes effect from June 15, 2012.

2. Attached to this Circular is the Appendix on Service Quality Registration for Transportation.

Article 19. Responsibility for Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Ship Registry, Directors of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.